Evaluación forzada (u obligatoria) del empleado por sus méritos o desempeño
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CATEGORIZACIÓN OBLIGATORIA DEL EMPLEADO POR SUS MÉRITOS
Forced Ranking -- the Right Way 05-15-01
- By Julie Crane, California Attorney at Law
Many companies recently have adopted ranking systems to identify non-performers. The rankings are used to achieve continuous improvement at a time when companies are striving to remain competitive. Rankings also are used in layoffs.
In general, ranking systems are perfectly legal. Their purpose is to be fair to employees. As GE Chairman of the Board John Welch explained in a letter to shareholders: "Not removing that bottom 10% early in their careers is not only a management failure, but false kindness as well - a form of cruelty - because inevitably a new leader will come into a business and take out that bottom 10% right away, leaving them - sometimes midway through a career-stranded and having to start over somewhere else."
Ranking also can make a manager's job easier. Some managers have struggled for years to get their jobs done with non-performers. A ranking system makes it easier to manage them "up or out."
But if ranking systems are not implemented properly, they can be grounds for suit, usually on the basis of disparate impact. That's alleged when the impact of the ranking falls disproportionately on a particular group. Microsoft recently was sued by minority and female employees, Ford Motor Company by white males over 40, and Conoco by U. S. citizens, all claiming that the way rankings were conducted at their companies was discriminatory.
What You Should Do
To avoid claims of discrimination, and to ensure that the ranking is fair, managers can do the following:
· Give employees notice of the new policy;
· Clearly communicate objective and measurable expectations and involve the employee in goal setting;
· Provide accurate feedback as often as possible;
· Ensure evaluations contain concrete examples of good and bad performance to avoid claims of biased stereotypes;
· Monitor your results to see whether your decisions are having a lopsided effect on the basis of age, race, gender, etc. If so, contact Human Resources.
Do you have questions about wrongful termination? See our new Wrongful Termination Checklist.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
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